Bergman v. Granstein
Massachusetts Supreme Judicial Court
Contract upon an account annexed for $1,478.20. Writ dated February 11, 1919. In the Superior Court the action was tried before McLaughlin, J. The material evidence is described in the opinion.
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Contract upon an account annexed for $1,478.20. Writ dated February 11, 1919. In the Superior Court the action was tried before McLaughlin, J. The material evidence is described in the opinion. At the close of the evidence, the defendant asked for the following rulings among others: "3. If the jury find that the plaintiff accepted two post-dated checks signed by the defendant, then such checks would constitute notes, and acceptance of such checks, or notes, would be payment, and the plaintiff would have to sue on these checks or notes, and not on his original right of action. “4. The receipt,…
1Opinion of the CourtCrosby, J.
This is an action for goods sold and delivered to the Brockton Furniture Exchange, which, it could have been found, was owned by the defendant and carried on by him in Brockton.
The goods were ordered in New York and shipped by rail to Brockton. A bill of lading with sight draft attached was sent to a bank for collection. There was evidence that one “Shimilovich was either agent or partner of the defendant and that he acted as manager for the defendant.” There was further evidence that on the arrival of the goods Shimilovich did not have money enough to pay the draft, and asked the defendant…
2Cases cited3 opinions
- Brown v. HannaganMassachusetts Supreme Judicial Court · 1911
- Illustrated Card & Novelty Co. v. DolanMassachusetts Supreme Judicial Court · 1911
- Keystone Grape Co. v. HustisMassachusetts Supreme Judicial Court · 1919
3Cited by7 opinions
- Ansin v. Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1922
- Wasilauskas v. Brookline Savings BankMassachusetts Supreme Judicial Court · 1927
- Cochrane v. ZahosMassachusetts Supreme Judicial Court · 1934
- Cosmopolitan Trust Co. v. LyonsMassachusetts Supreme Judicial Court · 1923
- Modern Engineering & Service Corp. v. McCreaDistrict of Columbia Court of Appeals · 1946
2 more not listed; retrieve them via the Exa API.